This article analyzes how the criminalization of homophobia became the main agenda in a national struggle for LGBT rights. The historical and cultural meaning of same-sex relations in Brazil, from categories such as sodomite, uranist and homosexual to the emergence of a homosexual identity, led to the organization of a social movement with an agenda of its own. Homophobia is understood as a form of discrimination. This article is a constitutional theory contribution to the analysis of the arguments in favor of criminal protection, addressing its necessity, effectiveness and possibilities, current bill proposals, and their critiques.
Homophobia; Criminalization; Homosexuality; LGBT rights; Brazil